Employer Comments regarding Employee Illness

Discussion in 'Fibromyalgia Main Forum' started by Merenwentari, Aug 23, 2008.

  1. Merenwentari

    Merenwentari New Member

    I need to know if anyone knows of any recourse for an employee who is being told by their employer "No other employers would put up with your illness." or who, when the employee asks for help with tasks because of fatigue and pain, is told "your production is down and there are other people who will take your job quickly" (this appears to the employee to be a veiled threat of being fired, and there is no documented proof of a reduction in production). These comments are made both in just the presence of the employee and also in the presence of other employees.

    Thank you for your time,

  2. gapsych

    gapsych New Member

    I am sorry that you are going through this. I went through the same thing.

    There is the Americans with Disabilities Act, ADA, which says that employers have to make reasonable accommodations.

    One of these accomodations might be frequent breaks with time to rest or special seating. I had someone who had FM/CFS and offered her sevices free as a consultant. She met with myself and my employer for free. I can not remember where I found this person but look into the yelllow pages under Social Service Agencies.

    Other people who are not as foggy as I am now, might be able to tell you some other accomadations or suggestions.

    However the interpretation of reasonable is where it can get tricky.

    I would use the search function here or Google The Americans With Disabilities Act.

    One suggestion. Make sure you keep notes on what your boss has said to you in person, memoes, in meetings or to other people, past evaluations, etc. Document as many things as possible. Even the amount of time you have had to miss. Also ideas you might have that would help you perform your job.

    Hope this helps.

    [This Message was Edited on 08/23/2008]
  3. Merenwentari

    Merenwentari New Member

    I'm sorry - I don't know what "bump" means
  4. Merenwentari

    Merenwentari New Member

    Oh thank you so much - I really appreciate that.

    I am sure that there are other people that going through this as well, and any information or experience they may have with this type of situation would be invaluable to me.

  5. Merenwentari

    Merenwentari New Member

    I am in the USA, and my employer is a small business - basically himself and 3 employees.

    Thank you for the ADA information. I have looked at the website, and most everything there is for employers with 15 employees or more. I think that he thinks he is protected because he is an individual (Limited Liability Corporation) and has a very low employee number (in fact, he just discontinued the Worker's Compensation insurance because companies with less than 4 employees are not required to carry it in the state of Florida).

  6. steach

    steach Member

    That is totally unacceptable!!

    A complaint needs to be filed with the state's EEO, Civil Right's Commission, and the US Department of Labor.

    One other important thing- document, document, document!! Date, time, place, what was said, who said it, who else was present,...

    Ask the other employees to write a statement to what was said, by whom, and to whom it was intended, including the date, time, and place. If they won't do this, you can keep a journal, IN YOUR OWN HANDWRITING (not typed) and ask them to sign it if they agree with what was written.

    Go back in time as far as you can and document everything that you remember. The EEO, Civil Right's Commission, and Dept. of Labor will ask if there are any wittnesses to events/statements/harrassment.

    You can go online and obtain the telephone numbers and speak with a live representative and even download complaint forms. They will investigate this if you can hang-in-there and pursue this. Even if you leave the company, they will still investigate it once a complaint is filed.

    As long as we let these kinds of goof-balls get away with this, it will continue. We have to set the foundation for people to be treated fairly- it is OUR responsibility to stop this. Employers who say things that are so degrading just ticks me off!!!

    Let us know how things are progressing.

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